Court No. 48

Government Appeal No. 483 of 2019

State of U.P.

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Appellant

Vs.

Pappu

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Respondent

For Appellant

:

Sri O.P. Mishra, A.G.A.

For Respondent :

None

Hon'ble Pritinker Diwaker, J.

Hon'ble Dinesh Pathak, J.

Per: Pritinker Diwaker, J

(07.01.2020)

1.

Heard on admission.

2.

Challenge in the present appeal is to the judgment and order

dated 25.07.2019 passed by Additional Sessions Judge, Fast Track

Court No.2, District Muzaffarnagar in Sessions Trial No. 484 of 2016,

whereby the court below has acquitted the private respondent of the

offence under Sections 323, 328, 376, 504, 506, 508 of IPC.

3.

As per prosecution case, on the basis of written report dated

23.12.2015, Ex.Ka.1, lodged by Mumtaj (PW-1), husband of the

prosecutrix, FIR dated 26.12.2015, Ex.Ka.9 was registered against the

respondent under Sections 323, 328, 376, 504, 506, 508 of IPC. In the

report, it is alleged that the informant is working as labourer and quite

often he used to remain out of his house. On 14.11.2015, respondent

entered the house of prosecutrix, a married lady aged about 28 years

on the pretext of providing village treatment to her and after giving

her some int